the district attorney is elected, elected partisan person and the county itself is quite conservative, has very traditional social views, views on social issues and once this matter got into the newspaper that these two men had been arrested and were going to challenge the constitutionality of the texas law it became very politically difficult for harris county district attorney's office to back off from prosecution. they were quoted in the paper as saying -- equivocating on the case by saying this might be a bad lot we don't have any choice about what laws to enforce and the best way to get a bad lot of all the books is to enforce it. so that is exactly what they ended up doing. it does turn out the one of the early prosecutors in one of the lower courts in texas was herself a lesbian at the time. she could have entered -- business the prosecution or asked the judge to dismiss it and she did not do so. she said she was required to allow the case to proceed and she didn't have any discretion in the matter. >> host: why don't we take a quick break. >> so they put the missiles in cuba.